ANIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 3rd July, 2006 passed by Additional Sessions Judge, Fast Track Court No. 5, Gautam Budh Nagar in Sessions Trial No. 45 of 2003, whereby the appellant Anil Kumar was convicted under Section 302,1.P.C. and sentenced to undergo imprisonment for life alongwith fine of Rs. 5000/-, in default of payment of fine to undergo further simple imprisonment for six months.

(2.) The incident took place on 20.10.2002 at about 7:00 p.m. in Azad Vihar Khoda Colony, RS. Sector 58, NOIDA, District Gautam Budh Nagar. The F.I.R. exhibit Ka-1 was lodged by the complainant Roop Chand (P.W. 1) on the same day at P.S. Sector 58, NOIDA at21:10 hours. Distance of police station from the place of occurrence is 3 kilometers.

(3.) The prosecution story, as unfolded in the F.I.R., is that the deceased Renu, the sister of complainant Roop Chand, was married with the appellant Anil Kumar about 6-1/2 years ago. After marriage, Anil Kumar used to harass Renu on account of demand of dowry. On 20.10.2002 at 7:00 p.m., a neighbour of the appellant informed the complainant by telephone that Anil Kumar had beaten Renu and murdered her by pouring kerosene oil on her and setting her afire. The complainant and his family members reached the house of the appellant and found dead body of Renu lying in the kitchen.